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S.1948

Intellectual Property and Communications Omnibus Reform Act of 1999 (Introduced in Senate)
Beginning
 November 17, 1999
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    Sec.1.Short title; table of contents.
    Sec.1001.Short title.
    Sec.1002.Limitations on exclusive rights; secondary transmissions by satellite carriers within local markets.
    Sec.1003.Extension of effect of amendments to section 119 of title 17, United States Code.
    Sec.1004.Computation of royalty fees for satellite carriers.
    Sec.1005.Distant signal eligibility for consumers.
    Sec.1006.Public broadcasting service satellite feed.
    Sec.1007.Application of Federal Communications Commission regulations.
    Sec.1008.Rules for satellite carriers retransmitting television broadcast signals.
    Sec.1009.Retransmission consent.
    Sec.1010.Severability.
    Sec.1011.Technical amendments.
    Sec.1012.Effective dates.
    Sec.2001.Short title.
    Sec.2002.Local television service in unserved and underserved markets.
    Sec.3001.Short title; references.
    Sec.3002.Cyberpiracy prevention.
    Sec.3003.Damages and remedies.
    Sec.3004.Limitation on liability.
    Sec.3005.Definitions.
    Sec.3006.Study on abusive domain name registrations involving personal names.
    Sec.3007.Historic preservation.
    Sec.3008.Savings clause.
    Sec.3009.Technical and conforming amendments.
    Sec.3010.Effective date.
    Sec.4001.Short title.
    Sec.4101.Short title.
    Sec.4102.Integrity in invention promotion services.
    Sec.4103.Effective date.
    Sec.4201.Short title.
    Sec.4202.Adjustment of patent fees.
    Sec.4203.Adjustment of trademark fees.
    Sec.4204.Study on alternative fee structures.
    Sec.4205.Patent and Trademark Office Funding.
    Sec.4206.Effective date.
    Sec.4301.Short title.
    Sec.4302.Defense to patent infringement based on earlier inventor.
    Sec.4303.Effective date and applicability.
    Sec.4401.Short title.
    Sec.4402.Patent term guarantee authority.
    Sec.4403.Continued examination of patent applications.
    Sec.4404.Technical clarification.
    Sec.4405.Effective date.
    Sec.4501.Short title.
    Sec.4502.Publication.
    Sec.4503.Time for claiming benefit of earlier filing date.
    Sec.4504.Provisional rights.
    Sec.4505.Prior art effect of published applications.
    Sec.4506.Cost recovery for publication.
    Sec.4507.Conforming amendments.
    Sec.4508.Effective date.
    Sec.4601.Short title.
    Sec.4602.Ex parte reexamination of patents.
    Sec.4603.Definitions.
    Sec.4604.Optional inter partes reexamination procedures.
    Sec.4605.Conforming amendments.
    Sec.4606.Report to Congress.
    Sec.4607.Estoppel effect of reexamination.
    Sec.4608.Effective date.
    Sec.4701.Short title.
    Sec.4711.Establishment of Patent and Trademark Office.
    Sec.4712.Powers and duties.
    Sec.4713.Organization and management.
    Sec.4714.Public advisory committees.
    Sec.4715.Conforming amendments.
    Sec.4716.Trademark Trial and Appeal Board.
    Sec.4717.Board of Patent Appeals and Interferences.
    Sec.4718.Annual report of Director.
    Sec.4719.Suspension or exclusion from practice.
    Sec.4720.Pay of Director and Deputy Director.
    Sec.4731.Effective date.
    Sec.4732.Technical and conforming amendments.
    Sec.4741.References.
    Sec.4742.Exercise of authorities.
    Sec.4743.Savings provisions.
    Sec.4744.Transfer of assets.
    Sec.4745.Delegation and assignment.
    Sec.4746.Authority of Director of the Office of Management and Budget with respect to functions transferred.
    Sec.4747.Certain vesting of functions considered transfers.
    Sec.4748.Availability of existing funds.
    Sec.4749.Definitions.
    Sec.4801.Provisional applications.
    Sec.4802.International applications.
    Sec.4803.Certain limitations on damages for patent infringement not applicable.
    Sec.4804.Electronic filing and publications.
    Sec.4805.Study and report on biological deposits in support of biotechnology patents.
    Sec.4806.Prior invention.
    Sec.4807.Prior art exclusion for certain commonly assigned patents.
    Sec.4808.Exchange of copies of patents with foreign countries.
    Sec.5001.Commission on online child protection.
    Sec.5002.Privacy protection for donors to public broadcasting entities.
    Sec.5003.Completion of biennial regulatory review.
    Sec.5004.Public broadcasting entities.
    Sec.5005.Technical amendments relating to vessel hull design protection.
    Sec.5006.Informal rulemaking of copyright determination.
    Sec.5007.Service of process for surety corporations.
    Sec.5008.Low-power television.
    Sec.6001.Superfund recycling equity.
 TITLE I--SATELLITE HOME VIEWER IMPROVEMENT
    SEC. 1001. SHORT TITLE.
    SEC. 1002. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS WITHIN LOCAL MARKETS.
    `Sec. 122. Limitations on exclusive rights; secondary transmissions by satellite carriers within local markets
    SEC. 1003. EXTENSION OF EFFECT OF AMENDMENTS TO SECTION 119 OF TITLE 17, UNITED STATES CODE.
    SEC. 1004. COMPUTATION OF ROYALTY FEES FOR SATELLITE CARRIERS.
    SEC. 1005. DISTANT SIGNAL ELIGIBILITY FOR CONSUMERS.
    SEC. 1006. PUBLIC BROADCASTING SERVICE SATELLITE FEED.
    SEC. 1007. APPLICATION OF FEDERAL COMMUNICATIONS COMMISSION REGULATIONS.
    SEC. 1008. RULES FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION BROADCAST SIGNALS.
    `SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.
    `SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE CARRIERS.
    SEC. 1009. RETRANSMISSION CONSENT.
    SEC. 1010. SEVERABILITY.
    SEC. 1011. TECHNICAL AMENDMENTS.
    SEC. 1012. EFFECTIVE DATES.
 TITLE II--RURAL LOCAL TELEVISION SIGNALS
    SEC. 2001. SHORT TITLE.
    SEC. 2002. LOCAL TELEVISION SERVICE IN UNSERVED AND UNDERSERVED MARKETS.
 TITLE III--TRADEMARK CYBERPIRACY PREVENTION
    SEC. 3001. SHORT TITLE; REFERENCES.
    SEC. 3002. CYBERPIRACY PREVENTION.
    SEC. 3003. DAMAGES AND REMEDIES.
    SEC. 3004. LIMITATION ON LIABILITY.
    SEC. 3005. DEFINITIONS.
    SEC. 3006. STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS INVOLVING PERSONAL NAMES.
    SEC. 3007. HISTORIC PRESERVATION.
    SEC. 3008. SAVINGS CLAUSE.
    SEC. 3009. TECHNICAL AND CONFORMING AMENDMENTS.
    SEC. 3010. EFFECTIVE DATE.
 TITLE IV--INVENTOR PROTECTION
    SEC. 4001. SHORT TITLE.
 Subtitle A--Inventors' Rights
    SEC. 4101. SHORT TITLE.
    SEC. 4102. INTEGRITY IN INVENTION PROMOTION SERVICES.
    `Sec. 297. Improper and deceptive invention promotion
    SEC. 4103. EFFECTIVE DATE.
 Subtitle B--Patent and Trademark Fee Fairness
    SEC. 4201. SHORT TITLE.
    SEC. 4202. ADJUSTMENT OF PATENT FEES.
    SEC. 4203. ADJUSTMENT OF TRADEMARK FEES.
    SEC. 4204. STUDY ON ALTERNATIVE FEE STRUCTURES.
    SEC. 4205. PATENT AND TRADEMARK OFFICE FUNDING.
    SEC. 4206. EFFECTIVE DATE.
 Subtitle C--First Inventor Defense
    SEC. 4301. SHORT TITLE.
    SEC. 4302. DEFENSE TO PATENT INFRINGEMENT BASED ON EARLIER INVENTOR.
    `Sec. 273. Defense to infringement based on earlier inventor
    SEC. 4303. EFFECTIVE DATE AND APPLICABILITY.
 Subtitle D--Patent Term Guarantee
    SEC. 4401. SHORT TITLE.
    SEC. 4402. PATENT TERM GUARANTEE AUTHORITY.
    SEC. 4403. CONTINUED EXAMINATION OF PATENT APPLICATIONS.
    SEC. 4404. TECHNICAL CLARIFICATION.
    SEC. 4405. EFFECTIVE DATE.
 Subtitle E--Domestic Publication of Patent Applications Published Abroad
    SEC. 4501. SHORT TITLE.
    SEC. 4502. PUBLICATION.
    `Sec. 122. Confidential status of applications; publication of patent applications
    SEC. 4503. TIME FOR CLAIMING BENEFIT OF EARLIER FILING DATE.
    SEC. 4504. PROVISIONAL RIGHTS.
    SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.
    SEC. 4506. COST RECOVERY FOR PUBLICATION.
    SEC. 4507. CONFORMING AMENDMENTS.
    `Sec. 374. Publication of international application
    SEC. 4508. EFFECTIVE DATE.
 Subtitle F--Optional Inter Partes Reexamination Procedure
    SEC. 4601. SHORT TITLE.
    SEC. 4602. EX PARTE REEXAMINATION OF PATENTS.
    SEC. 4603. DEFINITIONS.
    SEC. 4604. OPTIONAL INTER PARTES REEXAMINATION PROCEDURES.
 `CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
    `Sec. 311. Request for inter partes reexamination
    `Sec. 312. Determination of issue by Director
    `Sec. 313. Inter partes reexamination order by Director
    `Sec. 314. Conduct of inter partes reexamination proceedings
    `Sec. 315. Appeal
    `Sec. 316. Certificate of patentability, unpatentability, and claim cancellation
    `Sec. 317. Inter partes reexamination prohibited
    `Sec. 318. Stay of litigation
    SEC. 4605. CONFORMING AMENDMENTS.
    `Sec. 134. Appeal to the Board of Patent Appeals and Interferences
    SEC. 4606. REPORT TO CONGRESS.
    SEC. 4607. ESTOPPEL EFFECT OF REEXAMINATION.
    SEC. 4608. EFFECTIVE DATE.
 Subtitle G--Patent and Trademark Office
    SEC. 4701. SHORT TITLE.
 CHAPTER 1--UNITED STATES PATENT AND TRADEMARK OFFICE
    SEC. 4711. ESTABLISHMENT OF PATENT AND TRADEMARK OFFICE.
    `Sec. 1. Establishment
    SEC. 4712. POWERS AND DUTIES.
    `Sec. 2. Powers and duties
    SEC. 4713. ORGANIZATION AND MANAGEMENT.
    `Sec. 3. Officers and employees
    SEC. 4714. PUBLIC ADVISORY COMMITTEES.
    `Sec. 5. Patent and Trademark Office Public Advisory Committees
    SEC. 4715. CONFORMING AMENDMENTS.
    SEC. 4716. TRADEMARK TRIAL AND APPEAL BOARD.
    SEC. 4717. BOARD OF PATENT APPEALS AND INTERFERENCES.
    `Sec. 6. Board of Patent Appeals and Interferences
    SEC. 4718. ANNUAL REPORT OF DIRECTOR.
    `Sec. 13. Annual report to Congress
    SEC. 4719. SUSPENSION OR EXCLUSION FROM PRACTICE.
    SEC. 4720. PAY OF DIRECTOR AND DEPUTY DIRECTOR.
 CHAPTER 2--EFFECTIVE DATE; TECHNICAL AMENDMENTS
    SEC. 4731. EFFECTIVE DATE.
    SEC. 4732. TECHNICAL AND CONFORMING AMENDMENTS.
 `PART I--UNITED STATES PATENT AND TRADEMARK OFFICE'.
 `CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
 CHAPTER 3--MISCELLANEOUS PROVISIONS
    SEC. 4741. REFERENCES.
    SEC. 4742. EXERCISE OF AUTHORITIES.
    SEC. 4743. SAVINGS PROVISIONS.
    SEC. 4744. TRANSFER OF ASSETS.
    SEC. 4745. DELEGATION AND ASSIGNMENT.
    SEC. 4746. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED.
    SEC. 4747. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.
    SEC. 4748. AVAILABILITY OF EXISTING FUNDS.
    SEC. 4749. DEFINITIONS.
 Subtitle H--Miscellaneous Patent Provisions
    SEC. 4801. PROVISIONAL APPLICATIONS.
    SEC. 4802. INTERNATIONAL APPLICATIONS.
    SEC. 4803. CERTAIN LIMITATIONS ON DAMAGES FOR PATENT INFRINGEMENT NOT APPLICABLE.
    SEC. 4804. ELECTRONIC FILING AND PUBLICATIONS.
    SEC. 4805. STUDY AND REPORT ON BIOLOGICAL DEPOSITS IN SUPPORT OF BIOTECHNOLOGY PATENTS.
    SEC. 4806. PRIOR INVENTION.
    SEC. 4807. PRIOR ART EXCLUSION FOR CERTAIN COMMONLY ASSIGNED PATENTS.
    SEC. 4808. EXCHANGE OF COPIES OF PATENTS WITH FOREIGN COUNTRIES.
 TITLE V--MISCELLANEOUS PROVISIONS
    SEC. 5001. COMMISSION ON ONLINE CHILD PROTECTION.
    SEC. 5002. PRIVACY PROTECTION FOR DONORS TO PUBLIC BROADCASTING ENTITIES.
    SEC. 5003. COMPLETION OF BIENNIAL REGULATORY REVIEW.
    SEC. 5004. PUBLIC BROADCASTING ENTITIES.
    SEC. 5005. TECHNICAL AMENDMENTS RELATING TO VESSEL HULL DESIGN PROTECTION.
    SEC. 5006. INFORMAL RULEMAKING OF COPYRIGHT DETERMINATION.
    SEC. 5007. SERVICE OF PROCESS FOR SURETY CORPORATIONS.
    SEC. 5008. LOW-POWER TELEVISION.
 TITLE VI--SUPERFUND RECYCLING EQUITY
    SEC. 6001. SUPERFUND RECYCLING EQUITY.
    `SEC. 127. RECYCLING TRANSACTIONS.
 
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